P-39.1 - Act respecting the protection of personal information in the private sector

Section 28.1 Disposition versions

2023-09-22

28.1. The person to whom personal information relates may require any person carrying on an enterprise to cease disseminating that information or to de-index any hyperlink attached to his name that provides access to the information by a technological means, if the dissemination of the information contravenes the law or a court order.

The person may do likewise, or may require that the hyperlink providing access to the information be re-indexed, where the following conditions are met:

(1)  the dissemination of the information causes the person concerned serious injury in relation to his right to the respect of his reputation or privacy;

(2)  the injury is clearly greater than the interest of the public in knowing the information or the interest of any person in expressing himself freely; and

(3)  the cessation of dissemination, re-indexation or de-indexation requested does not exceed what is necessary for preventing the perpetuation of the injury.

In assessing the criteria set out in the second paragraph, the following, in particular, must be taken into account:

(1)  the fact that the person concerned is a public figure;

(2)  the fact that the information concerns the person at the time the person is a minor;

(3)  the fact that the information is up to date and accurate;

(4)  the sensitivity of the information;

(5)  the context in which the information is disseminated;

(6)  the time elapsed between the dissemination of the information and the request made under this section; and

(7)  where the information concerns a criminal or penal procedure, the obtaining of a pardon or the application of a restriction on the accessibility of records of the courts of justice.

Sections 30, 32 and 34 apply, with the necessary modifications, to a request made under this section. When granting such a request, the person in charge of the protection of personal information shall attest, in his written reply under section 32, to the cessation of the dissemination of the personal information or to the de-indexation or the re-indexation of the hyperlink.

2021, c. 25, s. 121.